May
5
Setser v. United States: Bureaucratic Sentencing on Trial in the Supreme Court, Again
Posted by: Michael M. O'Hear | May 5, 2012 | Leave a Comment
While he was already on probation for another offense, Monroe Setser was arrested for trafficking in meth. The arrest led to three separate criminal proceedings: a revocation of Setser’s probation in state court and fresh prosecutions in both state and federal court. (One wonders why our law-enforcement authorities have nothing better to do with their [...]
May
1
ObamaCare Is Still Constitutional
Posted by: Edward A. Fallone | May 1, 2012 | 19 Comments
Today I particpated in another debate over the constitutionality of the Affordable Care Act’s individual mandate. At the invitation of the Milwaukee Chapters of the Federalist Society and the American Constitution Society, I debated Robert Levy of the Cato Institute over luncheon at the Milwaukee Athletic Club. My thanks to our hosts, to Mr. Levy, and to the [...]
Apr
30
SCOTUS to Decide on Padilla Retroactivity
Posted by: Michael M. O'Hear | April 30, 2012 | Leave a Comment
Earlier today, the Supreme Court granted cert. in Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011). Chaidez held that the Court’s decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), would not be applied retroactively to defendants whose convictions were already final when Padilla came out. In Padilla, the Court held that [...]
Apr
11
Why the Supreme Court Should Uphold the Individual Mandate
Posted by: Edward A. Fallone | April 11, 2012 | 17 Comments
This afternoon, I participated in a debate with Rick Esenberg at the Marquette University Law School. The debate was co-sponsored by the American Constitution Society and the Federalist Society. I was asked to defend the constitutionality of the individual mandate imposed by the Affordable Care Act. What follows are my prepared remarks. Historians tell us [...]
Apr
5
Low Profile Cases Show Supreme Court at Its Best, Justice Kagan Tells Students
Posted by: Alan J. Borsuk | April 5, 2012 | 1 Comment
Look to United States Supreme Court cases that don’t make front-page news if you want to see the workings and qualities of the court at its best, Justice Elena Kagan suggested in a session with more than 225 Marquette Law School students Tuesday. Asked by a student to provide reasons to have faith in a [...]
Mar
26
Affordable Care Act Issues at the Supreme Court, in Tweet Style
Posted by: Alison Barnes | March 26, 2012 | 3 Comments
The Tweets: Monday/The Anti-Injunction Act – Pay taxes now, sue later, delays the decision. Decide about penalties now. Tuesday/Individual Mandate for Minimum Coverage – The mandate is too much or too little for the Commerce Clause. Wednesday – Severability and Medicaid Expansion – Strike down the ACA if the mandate is unconstitutional because it’s all [...]
Mar
9
Supreme Court Justices Today Are Unlikely to Die with Their Boots On
Posted by: J. Gordon Hylton | March 9, 2012 | 1 Comment
Since 1789, 102 men and one woman have left the United States Supreme Court after varying periods of service. Forty-seven of the 103 died while still on the Court, while the other 56 retired. Dying in office was once a much more frequent occurrence than it has been in the modern era. Of the 57 [...]
Mar
8
Most United States Supreme Court Justices Have Lacked Prior Judicial Experience
Posted by: J. Gordon Hylton | March 8, 2012 | 1 Comment
In response to my earlier post about Chief Justices of the United States Supreme Court who were also the Court’s senior justice in terms of years of service, Nick Zales posed the question as to whether the late William Rehnquist was the only Chief Justice to have had no prior judicial experience before becoming a [...]
Mar
7
United States Supreme Court Chief Justice Unlikely to Be the Court’s Most Senior Member
Posted by: J. Gordon Hylton | March 7, 2012 | 4 Comments
Wisconsin, like a number of states, designates the senior member of its state supreme court in terms of service as the Chief Justice. The United States Supreme Court, in contrast, uses a system in which the President of the United States chooses a new Chief Justice every time the existing Chief dies or steps down. [...]
Feb
28
The Resurrection of the “Trespass” Element of Fourth Amendment Law
Posted by: David Behm | February 28, 2012 | Leave a Comment
Recently, in United States v. Jones, the Supreme Court ruled that the attaching of a GPS tracking device to a suspect’s car without his knowledge and monitoring of the vehicle’s movements violated the suspect’s Fourth Amendment rights against unreasonable search and seizure. See generally 132 S.Ct. 945 (2012). In so doing, the Court resurrected an [...]
Feb
26
Judge Sutton’s Hallows Lecture
Posted by: Joseph D. Kearney | February 26, 2012 | 1 Comment
Marquette University Law School is fortunate to welcome this week the Hon. Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit. Judge Sutton will deliver our annual Hallows Lecture on Tuesday, February 28, at 4:30 p.m. in the Appellate Courtroom of Eckstein Hall. His lecture, titled “Barnette, the Roosevelt Appointees, and [...]
Jan
20
How Should the Supreme Court Handle Warrantless GPS Tracking?
Posted by: Michael M. O'Hear | January 20, 2012 | 2 Comments
One of the most anticipated decisions of the current U.S. Supreme Court term is United States v. Jones, which was argued last fall (transcript here). The case concerns Fourth Amendment protections from GPS tracking of automobiles. The lower court, the D.C. Circuit, held that the government was prohibited from placing a GPS tracking device on the [...]
Blog Editors
- Alan Borsuk
- Bruce E. Boyden
- Edward A. Fallone
- Melissa L. Greipp
- Scott C. Idleman
- Lisa Mazzie
- Michael M. O'Hear
- Ryan Scoville
